Increase In Delhi’s Dense Forest Areas A Welcome Sign, Conservation Of Trees Outside Forests Equally Important: Centre Tells High Court

The Union of India has informed Delhi High Court that the increase in denser forest areas in the national capital from the year 2001 to 2021 is a welcome sign and that conversation and protection of trees outside forests is equally important.

The submission has been made by the Central Government in an affidavit filed on March 07 in a suo motu public interest litigation initiated by the court in 2015 on the issue of air pollution in Delhi.

Referring to India State Forest Report 2021 published by Forest Survey of India, the Central Government has submitted that Delhi’s green cover has shown a “manifold increase” from 151 sq km in 2001 to 342 sq km in 2021. 

The affidavit has said that the figure has shown a “gradual improvement” in percentage share of the geographical area from 10.2% in 2001 to 23.06% in 2021.

“The India State of Forest Report 2021 further reveals that 'Very dense forest' cover has remained constant and 'Medium dense forest' cover in Delhi has increased over the past two years. This shift towards increase in denser forest areas is a.welcome sign as it signifies an increase in the capacity of forests to sequester carbon and mitigate environmental pollution,” the response states.

However, the Centre has also said that the report has recorded a decrease in 0.62 sq km of open forest in comparison to the report of 2019 which has effected a change of 0.44 sq km in the total forest area of Delhi.

Submitting that a large scale plantation programme has been taken up in the national capital in last three to four years with the help of 20 greening agencies, the Centre has said:

“The term Tree Outside Forest (TOF) refers to tree resources found outside the forests as defined in the Government records. The extent of Trees Outside Forests in Delhi is 147 sq km which is 9.91% of the State's Geographical area and 42.98% of total Green Cover of Delhi. Hence the conservation and protection of TOF in NCT of Delhi is equally important.”

Furthermore, it has been submitted that prior approval of the Central Government is mandatory for carrying out out any “non-forestry activity” on forest land. It has said that since “land” is a subject matter of the State Government, forest areas and legal boundaries are determined and maintained only by States.

“That being the repository of land records, the State Government has the primary responsibility to determine status of any parcel of land, giving due regards to the Gazette Notifications, provisions under the State and Central Acts and concerned judgements and directions passed by the Hon'ble Supreme Court of India,” the response added.

The matter, which was listed for hearing today before a division bench headed by Chief Justice Satish Chandra Sharma, was adjourned at the request of counsel appearing on behalf of amicus curiae Senior Advocate Kailash Vasdev for filing rejoinder to the affidavits filed by Union of India and MCD.

Title: COURT ON ITS OWN MOTION (AIR POLLUTION IN DELHI) v. UNION OF INDIA & ORS